Section 408 – Moderate income housing report — Contents — Prioritization for funds or projects — Ineligibility for funds after noncompliance — Civil actions.

Effective 6/1/2022
10-9a-408. Moderate income housing report — Contents — Prioritization for funds or projects — Ineligibility for funds after noncompliance — Civil actions.

• (1) As used in this section:
  • (a) “Division” means the Housing and Community Development Division within the Department of Workforce Services.
  • (b) “Implementation plan” means the implementation plan adopted as part of the moderate income housing element of a specified municipality’s general plan as provided in Subsection 10-9a-403(2)(c).
  • (c) “Moderate income housing report” or “report” means the report described in Subsection (2)(a).
  • (d) “Moderate income housing strategy” means a strategy described in Subsection 10-9a-403(2)(b)(iii).
  • (e) “Specified municipality” means:
    • (i) a city of the first, second, third, or fourth class;
    • (ii) a city of the fifth class with a population of 5,000 or more, if the city is located within a county of the first, second, or third class; or
    • (iii) a metro township with a population of 5,000 or more.

• (2)
  • (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative body of a specified municipality shall annually submit a written moderate income housing report to the division.
  • (b) The moderate income housing report submitted in 2022 shall include:
    • (i) a description of each moderate income housing strategy selected by the specified municipality for implementation; and
    • (ii) an implementation plan.
  • (c) The moderate income housing report submitted in each calendar year after 2022 shall include:
    • (i) the information required under Subsection (2)(b);
    • (ii) a description of each action, whether one-time or ongoing, taken by the specified municipality during the previous fiscal year to implement the moderate income housing strategies selected by the specified municipality for implementation;
    • (iii) a description of each land use regulation or land use decision made by the specified municipality during the previous fiscal year to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified municipality’s efforts to implement the moderate income housing strategies;
    • (iv) a description of any barriers encountered by the specified municipality in the previous fiscal year in implementing the moderate income housing strategies;
    • (v) information regarding the number of internal and external or detached accessory dwelling units located within the specified municipality for which the specified municipality:
      • (A) issued a building permit to construct; or
      • (B) issued a business license to rent;
    • (vi) a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and
    • (vii) any recommendations on how the state can support the specified municipality in implementing the moderate income housing strategies.
  • (d) The moderate income housing report shall be in a form:
    • (i) approved by the division; and
    • (ii) made available by the division on or before July 1 of the year in which the report is required.

• (3) Within 90 days after the day on which the division receives a specified municipality’s moderate income housing report, the division shall:
  • (a) post the report on the division’s website;
  • (b) send a copy of the report to the Department of Transportation, the Governor’s Office of Planning and Budget, the association of governments in which the specified municipality is located, and, if the specified municipality is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization; and
  • (c) subject to Subsection (4), review the report to determine compliance with Subsection (2).

• (4)
  • (a) The report described in Subsection (2)(b) complies with Subsection (2) if the report:
    • (i) includes the information required under Subsection (2)(b);
    • (ii) demonstrates to the division that the specified municipality made plans to implement:
      • (A) three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or
      • (B) subject to Subsection 10-9a-403(2)(b)(iv), five or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station; and
    • (iii) is in a form approved by the division.
  • (b) The report described in Subsection (2)(c) complies with Subsection (2) if the report:
    • (i) includes the information required under Subsection (2)(c);
    • (ii) demonstrates to the division that the specified municipality made plans to implement:
      • (A) three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or
      • (B) four or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station;
    • (iii) is in a form approved by the division; and
    • (iv) provides sufficient information for the division to:
      • (A) assess the specified municipality’s progress in implementing the moderate income housing strategies;
      • (B) monitor compliance with the specified municipality’s implementation plan;
      • (C) identify a clear correlation between the specified municipality’s land use regulations and land use decisions and the specified municipality’s efforts to implement the moderate income housing strategies; and
      • (D) identify how the market has responded to the specified municipality’s selected moderate income housing strategies.

• (5)
  • (a) A specified municipality qualifies for priority consideration under this Subsection (5) if the specified municipality’s moderate income housing report:
    • (i) complies with Subsection (2); and
    • (ii) demonstrates to the division that the specified municipality made plans to implement:
      • (A) five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or
      • (B) six or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station.
  • (b) The following apply to a specified municipality described in Subsection (5)(a) during the fiscal year immediately following the fiscal year in which the report is required:
    • (i) the Transportation Commission may give priority consideration to transportation projects located within the boundaries of the specified municipality in accordance with Subsection 72-1-304(3)(c); and
    • (ii) the Governor’s Office of Planning and Budget may give priority consideration for awarding financial grants to the specified municipality under the COVID-19 Local Assistance Matching Grant Program in accordance with Subsection 63J-4-802(6).
  • (c) Upon determining that a specified municipality qualifies for priority consideration under this Subsection (5), the division shall send a notice of prioritization to the legislative body of the specified municipality, the Department of Transportation, and the Governor’s Office of Planning and Budget.
  • (d) The notice described in Subsection (5)(c) shall:
    • (i) name the specified municipality that qualifies for priority consideration;
    • (ii) describe the funds or projects for which the specified municipality qualifies to receive priority consideration;
    • (iii) specify the fiscal year during which the specified municipality qualifies for priority consideration; and
    • (iv) state the basis for the division’s determination that the specified municipality qualifies for priority consideration.

• (6)
  • (a) If the division, after reviewing a specified municipality’s moderate income housing report, determines that the report does not comply with Subsection (2), the division shall send a notice of noncompliance to the legislative body of the specified municipality.
  • (b) The notice described in Subsection (6)(a) shall:
    • (i) describe each deficiency in the report and the actions needed to cure each deficiency;
    • (ii) state that the specified municipality has an opportunity to cure the deficiencies within 90 days after the day on which the notice is sent; and
    • (iii) state that failure to cure the deficiencies within 90 days after the day on which the notice is sent will result in ineligibility for funds under Subsection (7).

• (7)
  • (a) A specified municipality is ineligible for funds under this Subsection (7) if the specified municipality:
    • (i) fails to submit a moderate income housing report to the division; or
    • (ii) fails to cure the deficiencies in the specified municipality’s moderate income housing report within 90 days after the day on which the division sent to the specified municipality a notice of noncompliance under Subsection (6).
  • (b) The following apply to a specified municipality described in Subsection (7)(a) during the fiscal year immediately following the fiscal year in which the report is required:
    • (i) the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the boundaries of the specified municipality in accordance with Subsection 72-2-124(5); and
    • (ii) the Governor’s Office of Planning and Budget may not award financial grants to the specified municipality under the COVID-19 Local Assistance Matching Grant Program in accordance with Subsection 63J-4-802(7).
  • (c) Upon determining that a specified municipality is ineligible for funds under this Subsection (7), the division shall send a notice of ineligibility to the legislative body of the specified municipality, the Department of Transportation, and the Governor’s Office of Planning and Budget.
  • (d) The notice described in Subsection (7)(c) shall:
    • (i) name the specified municipality that is ineligible for funds;
    • (ii) describe the funds for which the specified municipality is ineligible to receive;
    • (iii) specify the fiscal year during which the specified municipality is ineligible for funds; and
    • (iv) state the basis for the division’s determination that the specified municipality is ineligible for funds.

• (8) In a civil action seeking enforcement or claiming a violation of this section or of Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.

Amended by Chapter 406, 2022 General Session